Froelich v. City of Cleveland

Citations

• 99 Ohio St. (N.S.) 376

Syllabus

<p>Constitutional law — Rules of construction — Municipal home rule — Sections 3 and 7, Article XVIII, Constitution, 1912 — Location and protection of streets — Local police regulations — Loads of vehicles and width of tires — State and municipal police power — Scope of exercise.</p> <p>1. In the construction of a section of the constitution the whole section should be construed together, and effect given to every part and sentence. One part must not be allowed to defeat another, if by any reasonable construction the two can be made to stand together.</p> <p>2. When a city has adopted a charter, under which it is authorized to exercise “all powers of local self-government,” pursuant to the provisions of Sections 3 and 7 of Article XVIII of the Constitution, the authority to locate, establish and protect the streets within its limits resides in the municipality, and it may adopt and enforce such reasonable regulations for their proper and economic use as it deems to be proper. It may regulate the weight of loads and the width of tires of vehicles passing over the streets. It derives this authority not by grant from the legislature, but under express authority from the people of the state given in the constitution.</p> <p>3. The state and municipalities may make all reasonable, necessary and appropriate provisions to promote the health, morals, peace and welfare of the community. But neither the state nor a municipality may make any regulations which are unreasonable. The means adopted must be suitable to the end in view, must be impartial in operation and not unduly oppressive upon individuals, must have a real and substantial relation to their purpose, and must not interfere with private rights beyond the necessities of the situation.</p>